1,961 results for 'court:"Texas Courts of Appeals"'.
J. Hassan finds that the trial court properly ruled against the majority shareholder of a corporation on third party claims against accounting firm parties stemming from a dispute with a partner in a hotel business. The shareholder failed to give evidence that the firm owed a fiduciary duty or that there was an alleged breach of any duty to him. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: April 25, 2024, Case #: 14-22-00769-CV, Categories: Corporations, Fiduciary Duty
J. Poissant finds that the trial court improperly granted a plea to the jurisdiction in an actress' defamation suit against a university academic counselor after a disagreement between them and subsequent criminal trespass complaint against the actress. The counselor's claim of having "absolute privilege" will not be considered when determining subject matter jurisdiction in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 25, 2024, Case #: 14-22-00877-CV, Categories: Defamation, Jurisdiction
J. Byrne finds that the trial court properly ruled against a father in a divorce case. The father challenges the court's decision to give the mother the right to choose the children's place of residence, alleging that past instances where the children were injured in the mother's care placed them at risk. The mother's testimony and evidentiary record refute the father's claims. Having failed to show that being placed with their mother would not be in the children's best interest, the trial court correctly ruled against the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-22-00290-CV, Categories: Family Law
J. Byrne finds that the trial court properly ruled against a truck driver who collided with a vehicle that was disabled on the shoulder of the highway. The truck driver sued the other driver and his employer, alleging negligence due to his failure to place reflective cones behind his disabled vehicle. Despite the truck driver's arguments to the contrary, the exclusion of the on-scene trooper's testimony did not lead to an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-23-00266-CV, Categories: Tort, Vehicle
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J. Kelly finds that the trial court properly convicted defendant, the owner of a group home, of indecency with a child. Defendant argues that it was not her who took advantage of the 5-year-old victim, but she who was the victim. Reviewing the evidence, the trial court used its common sense to conclude that it was defendant, an adult woman, who caused the child to touch her sexual organs. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 25, 2024, Case #: 03-22-00697-CR, Categories: Sex Offender, Child Victims
J. Bailey finds that the lower court properly ruled in this dispute over a beneficiary designation under a life insurance policy. The decedent changed the beneficiary "approximately two weeks before his death." The change was effective "based on the terms of the policy, without reference to any agreements or court-ordered obligations." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00130-CV, Categories: Civil Procedure, Insurance
J. Coutiss dismisses this matter on grounds that the appellant failed to file a compliant brief. The lower court found in favor of appellee in her suit alleging trespass by try title, breach of fiduciary duty, fraud, fraudulent inducement, filing fraudulent deed and lien, unjust enrichment, money had and received, and declaratory judgment. Appellant appealed, but finding his brief deficient, he was granted the opportunity to file an amended brief. Because the amended brief also failed to comply with the Texas Rules of Appellate Procedure, the appeal is dismissed.
Court: Texas Courts of Appeals, Judge: Countiss, Filed On: April 25, 2024, Case #: 01-23-00783-CV, Categories: Civil Procedure, Fiduciary Duty
J. Adams finds the lower court improperly denied a group of publishers' motion to dismiss. ProPublica and the Houston Chronicle ran an article on a prominent cardiologist titled “A Pioneering Heart Surgeon’s Secret History of Research Violations, Conflicts of Interest and Poor Outcomes.” The cardiologist subsequently filed suit against the publishers for defamation. The trial court found the article created false impressions, but the instant court finds it referenced the opinions of two cardiologists on the cardiologist's work, research and background, and cannot be the foundation of a defamation claim. Reviewing the article as a whole, the instant court finds the publishers established by a preponderance of the evidence of substantial truth and non-actionable opinion. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: April 25, 2024, Case #: 01-22-00281-CV, Categories: Defamation
Per curiam, the court of appeals denies the inmate's petition for a writ of mandamus seeking to compel the trial court to provide file-stamped copies of documents involving tax sale proceeds for which he is an heir. He fails to explain why not having file-stamped documents, or a response from the clerk acknowledging their filing, prevents him from proceeding to a disposition of his motion for release of the proceeds.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 09-23-00335-CV, Categories: Tax, Wills / Probate, Prisoners' Rights
J. Garcia finds that the lower court properly entered an order in this suit to modify the parent-child relationship. The order required the mother to pay child support to the father, and the mother now argues that the evidence was insufficient to establish "a material and substantial change of circumstances." However, the record does not contain certain interviews, and there is a presumption that "the missing evidence supports the trial judge's finding." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 05-23-00392-CV, Categories: Evidence, Family Law
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: Property, Tax, Jurisdiction
J. Goodman finds the lower court properly denied an anesthesiologist's motion to dismiss for failure to comply with the expert report requirements of the Texas Medical Liability Act. A mother sued the anesthesiologist, alleging negligence after administering an epidural during the birth of her son, resulting in a permanent brain injury to the child. But the mother failed to serve an amended expert report by the 30-day deadline, so the anesthesiologist entered a motion to dismiss. The lower court denied the motion, and the anesthesiologist argues it should have been granted because the lower court errantly granted the mother an extension, implying a deficiency in the expert report. The instant court agrees the extension was erroneously granted, but alone does not indicate an issue with the report, and on review finds the causation opinion in the original report to be adequate, and the expert qualified. Affirmed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: April 25, 2024, Case #: 01-23-00817-CV, Categories: Negligence, Experts, Medical Malpractice
J. Baker finds that the trial court properly convicted defendant of capital murder. Defendant argues that errors in the abstract of the jury charge led to him being harmed, specifically the mention of "intentionality" in the course of determining whether someone has committed capital murder. While the abstract did contain errors, the rest of the abstract greatly outweighs any potential harm those errors could have had on defendant's case. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 25, 2024, Case #: 03-23-00044-CR, Categories: Jury, Murder, Robbery
J. Smith finds that the trial court properly and improperly ruled in a breach of fiduciary duty case filed by the co-owner of a corporation against an attorney who represented the corporation in litigation. The co-owners alleged in their complaint that the attorney failed to inform the corporation's board of directors of a possible conflict of interest and aided another owner of the corporation in starting a competing firm. Nothing in the evidence establishes a relationship between the co-owner and the attorney. However, remaining questions on the award of attorney fees in this litigation still exist and should be adjudicated. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 24, 2024, Case #: 03-22-00234-CV, Categories: Corporations, Fiduciary Duty, Attorney Fees
J. Baker finds that the trial court improperly ruled against an interior design firm that a design communications company sued for breach of a promissory note. The design firm argues that genuine fact issues remain on their counterclaims, specifically, an affidavit purporting to challenge the notion that there was a joint venture between the entities, entitling the communications company to a promissory note from the design firm. The trial court did indeed err in excluding the affidavit. Furthermore, the company is not entitled to summary judgment on the firm's breach of fiduciary duty claims while these fact issues exist. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 24, 2024, Case #: 03-22-00451-CV, Categories: Corporations, Evidence, Fiduciary Duty
J. Kelly finds that the trial court improperly ruled against the owner of an oil and gas company in a leasing case brought by a holdings firm. The trial court found that the lease had been terminated due to lack of production. The trial court's decision was in error because fact issues remain on whether production had totally ceased on the tract of land. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 24, 2024, Case #: 03-22-00478-CV, Categories: Property
J. Baker finds that the county court properly ruled against a homeowner in a debt case filed by a repairman who was not paid after working on the homeowner's septic system. The homeowner refused to pay for the services, alleging that the repairman did not complete the work and caused more damage to her septic system. The repairman's testimony that he completed the repairs is more credible than the homeowner's counter assertions. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 24, 2024, Case #: 03-22-00492-CV, Categories: Tort, Contract
J. Theofanis finds that the trial court properly ruled against car owners who sued a collision repair shop that allegedly forced them to pay fees to recover their car. Because the car owners filed their claims two years and five days from the date of the incident, their claims are barred by the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 24, 2024, Case #: 03-23-00265-CV, Categories: Civil Procedure, Conversion
J. Partida-Kipness finds that the lower court properly granted the appellees' pleas to the jurisdiction in this suit involving the appellant's property taxes and allegations that his payments were not properly applied against a judgment. The pro se appellant fails to adequately brief his issues, and the court additionally finds that the appellees were "entitled to dismissal" based on governmental immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 24, 2024, Case #: 05-23-00224-CV, Categories: Tax, Fiduciary Duty, Jurisdiction
J. Christopher finds that the trial court improperly sided with city officials in a dispute with taxpayers over the alleged underfunding of a drainage and street renewal fund. The officials "acted ultra vires by not making the proper allocations." Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 23, 2024, Case #: 14-23-00550-CV, Categories: Government, Tax
J. Christopher finds that defendant was properly convicted of aggravated sexual assault of a child. There was no error in allowing the detective to testify as an outcry witness since the victim was seventeen at the time of her outcry and thus "qualified as a child declarant under the outcry statute." Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 23, 2024, Case #: 14-23-00209-CR, Categories: Sex Offender, Witnesses
J. Carlyle finds that the lower court properly granted summary judgment to the appellee in this dispute involving the validity of the parties' partition agreement. The appellant failed to address "each ground upon which the judgment could have been based." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 23, 2024, Case #: 05-23-00844-CV, Categories: Family Law, Contract
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a flight attendant's suit after a slip and fall at Bush Intercontinental Airport. There is a fact issue on the challenged elements of the claim, including the city's knowledge of the alleged dangerous condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 23, 2024, Case #: 14-23-00319-CV, Categories: Tort, Immunity, Jurisdiction